Marrow and Pollock, along with Reddick Vaughn, 25, of Providence, are charged with 11 counts of "tagging," which is a felony. They are accused in the Oct. 15, 2011, defacement of at least 11 downtown properties, including the historic Seamen's Bethel, the Custom House and the Zeiteron Performing Arts Center.

The judge's decision leaves the defendants with deciding between a jury trial or a bench (judge) trial in the local court, according to Gregg Miliote, a spokesman for District Attorney C. Samuel Sutter's office. A pre-trial proceeding is scheduled for Feb. 11.

The lawyers for Marrow and Pollock claimed that "extensive and sensational" pre-trial publicity in The Standard-Times, SouthCoastToday.com (the newspaper's website), along with comments by former Mayor Scott W. Lang and a letter from Mayor Jon Mitchell made a fair trial impossible.

Reddick and Vaughn pleaded guilty in August but withdrew their pleas when they learned they would have to serve jail time. The reporting of that development was cited as a factor for moving the case out of the local court.

Withdrawing defendants' pleas after learning a judge's proposed sentence is an accepted practice in the district courts.

Vaughn did not join his co-defendants in their motion to move the case out of New Bedford District Court.

His attorney, Edward R. Molari, said he prefers to address the publicity the case has generated by questioning prospective jurors about their knowledge rather than moving it out of New Bedford District Court. He said his intent is to seek a jury trial.

Judge Kirkman ruled that the reporting was "fact-based" and the coverage coincided with the defendants' court appearances. He also noted that juries in the court include people from across Bristol County. He said an impartial jury can be seated by asking prospective jurors whether they have been influenced by what they have read or seen about the case.

Patrick Mullen, who represents Pollock, said he and his client haven't decided whether they will seek a bench or jury trial.

Kathryn Blythe, the attorney for Marrow, said she had no comment on the decision or whether she plans to seek a bench or jury trial.

Miliote said the District Attorney's Office felt the coverage was fact-based.

"That was essentially our argument in court and the judge agreed and we're proceeding towards a trial in the court," he said.

Mitchell said he believes the case should be decided in New Bedford District Court. "The residents of New Bedford have a right to have their case heard in New Bedford," he said.

"They made their bed and now they're going to have to lie

in it."

The mayor also said he has no second thoughts about his letter to the court in which he called the vandalism "a deliberate, wanton attack" that needs to be punished with jail time.

The letter was published in The Standard-Times. "I stand by every word of that letter," he said. "I believe very strongly that those individuals should go to jail."

Lang, who commented in The Standard-Times that the case should be prosecuted in federal court (because a federal building was defaced), said he believes the case should be decided in New Bedford and that he would have no hesitation charging the men with federal crimes if he could.

"They did it in New Bedford and it's appropriate for them to be tried here. I have no doubt justice will be fair and impartial," he said.